SPECIAL EVENT REDEMPTIONS. (i) If, at any time, a Partnership Special Event shall occur and be continuing, the General Partner shall, within 90 days following the occurrence of such Partnership Special Event, elect to either (i) redeem the Partnership Preferred Securities in whole (but not in part), upon not less than 30 or more than 60 days' notice at the Redemption Price, provided that if at the time there is available to the Partnership the opportunity to eliminate, within such 90-day period, the Partnership Special Event by taking some ministerial action, such as filing a form or making an election, or pursuing some other similar reasonable measure that in the sole judgment of the General Partner has or will cause no adverse effect on the Partnership, the Trust, or the Company, the General Partner will pursue such measure in lieu of redemption; or (ii) cause the Partnership Preferred Securities to remain outstanding, provided that in the case of this clause (ii), the General Partner shall pay any and all costs and expenses incurred by or payable by the Partnership which are attributable to the Partnership Special Event.
Appears in 6 contracts
Samples: Limited Partnership Agreement (Merrill Lynch Preferred Funding I Lp), Agreement of Limited Partnership (Enron Capital Trust Ii), Agreement of Limited Partnership (Enron Preferred Funding Ii L P)
SPECIAL EVENT REDEMPTIONS. (i) If, at any time, a Partnership Special Event shall occur and be continuing, the General Partner shall, within 90 days following the occurrence of such Partnership Special Event, elect to either (i) redeem the Partnership Preferred Securities in whole (but not in part), upon not less than 30 or more than 60 days' days notice at the Redemption Price, provided that if at the time there is available to the Partnership the opportunity to eliminate, within such 90-day period, the Partnership Special Event by taking some ministerial action, such as filing a form or making an election, or pursuing some other similar reasonable measure that in the sole judgment of the General Partner has or will cause no adverse effect on the Partnership, the Trust, or the Company, the General Partner will pursue such measure in lieu of redemption; or (ii) cause the Partnership Preferred Securities to remain outstanding, provided that in the case of this clause (ii), the General Partner shall pay any and all costs and expenses incurred by or payable by the Partnership which are attributable to the Partnership Special Event.
Appears in 5 contracts
Samples: Limited Partnership Agreement (Uds Funding Ii Lp), Limited Partnership Agreement (Merrill Lynch Preferred Funding Ii Lp), Agreement of Limited Partnership (Merrill Lynch Preferred Capital Trust Ii)
SPECIAL EVENT REDEMPTIONS. (i) If, at any time, a Partnership Special Event shall occur and be continuing, the General Partner shall, within 90 days following the occurrence of such Partnership Special Event, elect to either (i) redeem the Preferred Partnership Preferred Securities in whole (but not in part), upon not less than 30 or more than 60 days' days notice at the Redemption Price, provided that provided, however, that, if at the time there is available to the Partnership the opportunity to eliminate, within such 90-day period, the Partnership Special Event by taking some ministerial action, such as filing a form or making an election, or pursuing some other similar reasonable measure that in the sole judgment of the General Partner has or will cause no material adverse effect on the Partnership, the Trust, the Company or the CompanyHolders, the General Partner will pursue such measure in lieu of redemption; or (ii) cause the Preferred Partnership Preferred Securities to remain outstanding, provided that in the case of this clause (ii), the General Partner shall pay any and all costs and expenses (including any tax or governmental charges) incurred by or payable by the Partnership which are attributable to the Partnership Special Event.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Texas Utilities Co /Tx/), Limited Partnership Agreement (Txu Europe Funding I L P)
SPECIAL EVENT REDEMPTIONS. (i) If, at any time, a Partnership Part- nership Special Event shall occur and be continuing, the General Partner shall, within 90 days following the occurrence of such Partnership Special Event, elect to either (i) redeem the Partnership Preferred Securities in whole (but not in part), upon not less than 30 or more than 60 days' days notice at the Redemption Price, provided that if at the time there is available to the Partnership the opportunity to eliminate, within such 90-day period, the Partnership Special Event by taking some ministerial action, such as filing a form or making an election, or pursuing some other similar reasonable measure that in the sole judgment of the General Partner has or will cause no adverse effect on the Partnership, the Trust, or the Company, the General Partner will pursue such measure in lieu of redemption; or (ii) cause the Partnership Preferred Pre- ferred Securities to remain outstanding, provided that in the case of this clause (ii), the General Partner shall pay any and all costs and expenses incurred by or payable by the Partnership which are attributable attrib- utable to the Partnership Special Event.
Appears in 1 contract
Samples: Limited Partnership Agreement (Ultramar Diamond Shamrock Corp)
SPECIAL EVENT REDEMPTIONS. (i) If, at any time, a Partnership Special Event shall occur and be continuing, the General Partner shall, within 90 days following the occurrence of such Partnership Special Event, elect to either (i) redeem the Partnership Preferred Securities in whole (but not in part), upon not less than 30 or more than 60 days' notice at the Redemption Price, provided that if at the time there is available to the Partnership the opportunity to eliminate, within such 90-day period, the such Partnership Special Event by taking some ministerial action, such as filing a form or making an election, or pursuing some other similar reasonable measure that in the sole judgment of the General Partner has or will cause no adverse effect on the Partnership, the Trust, HEI or the Company, the General Partner will pursue such measure in lieu of redemption; or (ii) cause the Partnership Preferred Securities to remain outstanding, provided that in the case of this clause (ii), the General Partner shall pay any and all costs and expenses incurred by or payable by the Partnership which are attributable to the such Partnership Special Event.
Appears in 1 contract
Samples: Limited Partnership Agreement (Hei Preferred Funding L P)
SPECIAL EVENT REDEMPTIONS. (i) If, at any time, a Partnership Special Event shall occur and be continuing, the General Partner shall, within 90 days following the occurrence of such Partnership Special Event, elect to either (i) redeem the Preferred Partnership Preferred Securities in whole (but not in part), upon not less than 30 or more than 60 days' days notice at the Redemption Price, provided that if at the time there is available to the Partnership the opportunity to eliminate, within such 90-day period, the Partnership Special Event by taking some ministerial action, such as filing a form or making an election, or pursuing some other similar reasonable measure that in the sole judgment of the General Partner has or will cause no adverse effect on the Partnership, the Trust, or the Company, the General Partner will pursue such measure in lieu of redemption; or (ii) cause the Preferred Partnership Preferred Securities to remain outstanding, provided that in the case of this clause (ii), the General Partner shall pay any and all costs and expenses incurred by or payable by the Partnership which are attributable to the Partnership Special Event.
Appears in 1 contract
Samples: Limited Partnership Agreement (Txu Europe Funding I L P)
SPECIAL EVENT REDEMPTIONS. (i) If, at any time, a Partnership Special Event shall occur and be continuing, the General Partner shall, within 90 days following the occurrence of such Partnership Special Event, elect to either (i) redeem the Partnership Preferred Securities in whole (but not in part), upon not less than 30 or more than 60 days' days notice at the Redemption Price, provided that if at the time there is available to the Partnership the opportunity to eliminate, within such 90-day period, the Partnership Special Event by taking some ministerial action, such as filing a form or making an election, or pursuing some other similar reasonable measure that in the sole judgment of the General Partner has or will cause no adverse effect on the Partnership, the Trust, or the Company, the General Partner will pursue such measure in lieu of redemption; or (ii) cause the Partnership Preferred Securities to remain outstanding, provided that in the case of this clause (ii), the General Partner shall pay any and all costs and expenses incurred by or payable by the Partnership which are attributable to the Partnership Special Event.
Appears in 1 contract
Samples: Limited Partnership Agreement (Merrill Lynch Preferred Funding Vi L P)
SPECIAL EVENT REDEMPTIONS. (i) If, at any time, a Partnership ------------------------- Special Event shall occur and be continuing, the General Partner shall, within 90 days following the occurrence of such Partnership Special Event, elect to either (i) redeem the Partnership Preferred Securities in whole (but not in part), upon not less than 30 or more than 60 days' notice at the Redemption Price, provided that if at the time there is available to the Partnership the opportunity to eliminate, within such 90-day period, the such Partnership Special Event by taking some ministerial action, such as filing a form or making an election, or pursuing some other similar reasonable measure that in the sole judgment of the General Partner has or will cause no adverse effect on the Partnership, the Trust, HEI or the Company, the General Partner will pursue such measure in lieu of redemption; or (ii) cause the Partnership Preferred Securities to remain outstanding, provided that in the case of this clause (ii), the General Partner shall pay any and all costs and expenses incurred by or payable by the Partnership which are attributable to the such Partnership Special Event.
Appears in 1 contract
Samples: Agreement of Limited Partnership (Hawaiian Electric Industries Inc)
SPECIAL EVENT REDEMPTIONS. (i) If, at any time, a Partnership Special Event shall occur and be continuing, the General Partner shall, within 90 days following the occurrence of such Partnership Special Event, elect to either (i) redeem the Partnership Preferred Pre- ferred Securities in whole (but not in part), upon not less than 30 or more than 60 days' notice at the Redemption Price, provided that if at the time there is available to the Partnership the opportunity to eliminate, within such 90-day period, the Partnership Special Event by taking some ministerial action, such as filing a form or making an election, or pursuing some other similar reasonable measure that in the sole judgment of the General Partner has or will cause no adverse effect on the Partnership, the Trust, or the Company, the General Partner will pursue such measure in lieu of redemption; or (ii) cause the Partnership Preferred Securities to remain outstanding, provided that in the case of this clause (ii), the General Partner shall pay any and all costs and expenses incurred by or payable by the Partnership which are attributable to the Partnership Special Event.
Appears in 1 contract
Samples: Limited Partnership Agreement (Capita Preferred Trust)